The Road Access
In early June 2018, we were made aware of a January 12, 2018 letter sent to the Forest Service by the Leavell-McCombs Joint Venture where they demanded that the Forest Service ignore recent court decisions and instead approve road construction to begin the proposed real estate development.
In response to this new revelation, the Friends of Wolf Creek issued a petition to urge Rio Grande National Forest Supervisor Dan Dallas to uphold Federal Court Orders and stand up to back channel pressures. Despite over 2,300 signatures gathered in a little over a month, on July 19, the Rio Grande National Forest announced its intention to circumvent a federal court ruling that invalidated prior approvals for the controversial Village at Wolf Creek real estate development.
To make matters worse, the Forest Service severely limited who could object to this action by limiting objections to those who “previously submitted specific written comments regarding the proposed project during scoping or comments on the draft EIS” in 2012. We believe that everyone should have the opportunity to comment on changes to their public lands and encouraged everyone to submit their objections whether or not they had standing.
As was expected, supporters who did not have standing to object by the Forest Service’s definition began to receive rejections to their objections on October 17, 2018. However, people who had submitted comments in the past and therefore would have standing began to receive the letters as well.
On February 27, 2019, Rio Grande National Forest Supervisor Dan Dallas signed a Final Record of Decision that could result in an easement to facilitate construction of the massive “Village.” The Friends of Wolf Creek Coalition pushed back and filed a legal complaint against the Forest Serve on May 28, 2019.
On October 20, 2022, Federal District Court Judge Christine Arguello once again ruled that the Forest Service acted unlawfully when issuing the access decision for the Village at Wolf Creek. The Court also found that the Fish and Wildlife Service violated the Endangered Species Act when analyzing the impacts of this decision on the Federally listed Canada lynx.
In 2023, both the Forest Service and the Developer, the Leavell-McCombs Joint Venture, appealed Judge Arguello’s decision to the 10th Circuit Court of Appeals.
In April 2024, the 10th Circuit Court of Appeals overturned the lower court’s rulings and required the Forest Service to grant access from Highway 160 across National Forest land to the private inholding of Wolf Creek Pass for the purposes of constructing the resort village. That decision, in part, flowed from a three-judge panel’s interpretation of the Alaska National Interest Lands Conservation Act (ANILCA), which dictates that the federal government must provide access to inholdings landlocked by public lands, at least in Alaska. Courts have extrapolated that law to apply in the lower 48, leading to a host of conflicts between conservation interests and developers.
We are considering our next legal options, and there will be ample opportunities for us to participate in throughout the approval and permitting process. To help us prepare for the next steps, we’re asking you to help us ramp up outreach and organizing efforts.
Our first ask is that you share your statement of opposition for the development. We are collecting statements to share with decision-makers at all levels, to post on our website, and to share on social media to increase support for the protection of Wolf Creek Pass. Your statement can help us stop the destruction of this incredible natural resource and important wildlife corridor!
Submit your statement here! And be sure to share this action with your friends.
Please continue to follow this activity on our website or sign up for our action alerts to be notified when actions are available.
Cover image by: Alex Pullen